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Patna High Court

Vishnu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, prima facie, nothing incriminating appears against the petitioner and therefore granted bail.

Summary

Vishnu Kumar petitioned for bail in a case registered under Sections 310(3) and 317(5) of the BNS and Section 27 of the Arms Act. He was not named in the FIR and has been in custody since 8 June 2025. The only link to him is a confessional statement of a co‑accused, with no other incriminating material found during the investigation, which has now been completed and a charge‑sheet filed. The petitioner has a clean antecedent and a co‑accused in a similar position had previously been granted bail. The court held that, prima facie, there is no evidence against him and ordered his release on bail with a bond of Rs 10,000 and two sureties, subject to conditions under Cr.P.C. Sec. 437(3) and BNSS Sec. 480(3).

Issues considered

  • Whether bail should be granted when the only evidence is a confessional statement of a co‑accused.
  • Whether the completion of investigation and filing of charge‑sheet negates the risk of evidence tampering.
  • Whether the petitioner’s clean antecedent warrants bail despite the serious nature of the offences.

Legislation cited

Subjects

  • bail
  • confessional statement
  • co‑accused
  • Arms Act
  • BNS
  • Criminal Procedure Code
  • prima facie
  • investigation completed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3670 of 2026
                    Arising Out of PS. Case No.-33 Year-2025 Thana- MUZAFFARPUR SADAR District-
                                                        Muzaffarpur
                 ======================================================
                 Vishnu Kumar S/o Dhananjay Ram R/o Village - Premganj, Ward No. 4, P.S -
                 Lalganj, District - Vaishali
                                                                         ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Prabhat Kumar Singh
                 For the Opposite Party/s :      Mr.Shailendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   13-02-2026                  Heard the parties.

                                2. The petitioner seeks bail in connection with Sadar

                   P.S. Case No. 33 of 2025 registered for the offence under

                   Sections 310(3) and 317(5) of the BNS and Section 27 of the

                   Arms Act.

                                3. The petitioner is not named in the F.I.R. and is in

                   custody since 08.06.2025.

                                4. As per FIR, some unknown miscreants looted cash

                   and office articles from the office of brother of informant, who was

                   shot dead by miscreants during the occurrence itself.

                                5. Learned counsel appearing on behalf of the petitioner

                   submitted that name of petitioner transpired on the basis of

                   confessional statement of co-accused Kallu @ Ravi Ranjan, in

                   furtherance        of      which    nothing      incriminating      appears
Patna High Court CR. MISC. No.3670 of 2026(3) dt.13-02-2026
                                            2/3




          recovered/surfaced during the course of investigation as to

          connect petitioner with the present crime in question. It is

          submitted that similarly situated co-accused namely Sandeep

          Kumar Jha has already granted bail by one of the learned Co-

          ordinate Bench of this Court through Cr. Misc. No. 66307 of 2025

          dated 04.11.2025. While concluding the argument, it is submitted

          that petitioner is a man of clean antecedent and moreover,

          investigation of this case is completed, for which charge-sheet has

          been submitted, as such, there is no chance of tampering with the

          evidence.

                       6. Learned APP opposes the prayer of bail.

                       7. In view of aforesaid factual submission and by taking

          note of fact as save and except suspicion arising out of

          confessional statement of apprehended co-accused, prima-facie

          nothing incriminating appears against this petitioner during

          investigation, coupled with fact as investigation of this case

          already completed where petitioner remains in custody since

          08.06.2025, accordingly petitioner above named, is directed to be

          released on bail in connection with Sadar P.S. Case No. 33 of 2025

          on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          learned       District     and      Additional      Sessions   Judge-5th,
               Patna High Court CR. MISC. No.3670 of 2026(3) dt.13-02-2026
                                                           3/3




                         Muzaffarpur/concerned court, subject to the conditions as

                         mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of

                         BNSS.


                                                                    (Chandra Shekhar Jha, J.)
S.Tripathi/-

U       T


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